Defense says prosecutors withholding evidence Freddie Gray 'attempted to injure himself' in previous

[Obiwan]

Defense says prosecutors withheld evidence that Freddie Gray apos attempted to injure himself apos - Baltimore Sun

Prosecutors have information indicating thatFreddie Gray "attempted to injure himself" during a previous arrest, but have intentionally withheld it from their criminal case against the six Baltimore police officers charged in Gray's apprehension and death in April, the officers' attorneys said in a court filing Thursday.

"Based upon information and belief, the State's Attorney's Office was informed of this fact, yet failed to disclose to the Defendants any statements, reports, or other communications relating to this information," they wrote.

In their filing Thursday, the defense attorneys said prosecutors have withheld "multiple witness statements from individuals who stated that Mr. Gray was banging and shaking the van at various points" after his arrest April 12, as well as "police reports, court records, and witness statements indicating that on prior occasions, Mr. Gray had f

 

[ScienceRocks]

Seems to me that the racist blacks within our government don't give a damn about justice,,,just hanging whites at every chance they get.

I find this disgusting...Blacks are dying and the black community has to be racist.

 

[Remodeling Maidiac]

Evidence is not necessary for social justice to be administered.

 

[Obiwan]

Seems to me that the racist blacks within our government don't give a damn about justice,,,just hanging whites at every chance they get.

I find this disgusting...Blacks are dying and the black community has to be racist.

In this case, half the cops involved are actually black...... So the prosecutor is demonstrating that she will sell anybody out in an attempt to make political points....

 

[S.J.]

Looks like Freddie may have been trying to "cause an injury" so he could claim police beat him up and maybe get his charges dropped.

 

[HereWeGoAgain]

Looks like Freddie may have been trying to "cause an injury" so he could claim police beat him up and maybe get his charges dropped.

Or so he could "get money"...

 

[NYcarbineer]

OJ had good defense attorneys too.

 

[occupied]

Yeah, this is called trying to create reasonable doubt.

 

[Obiwan]

OJ had good defense attorneys too.

But if prosecutorial misconduct can be proven, it could go pretty badly for Mosby... She could actually be disbarred, and both her and the city could face a massive lawsuit......

 

[occupied]

OJ had good defense attorneys too.

But if prosecutorial misconduct can be proven, it could go pretty badly for Mosby... She could actually be disbarred, and both her and the city could face a massive lawsuit......

Most of the time evidence not directly associated with the alleged crime is disallowed. It's much the same thing as past sexual conduct of the victim not being allowed in a rape trial.

 

[Obiwan]

But if prosecutorial misconduct can be proven, it could go pretty badly for Mosby... She could actually be disbarred, and both her and the city could face a massive lawsuit......

Most of the time evidence not directly associated with the alleged crime is disallowed. It's much the same thing as past sexual conduct of the victim not being allowed in a rape trial.

Did you even bother to read the defense's assertion???

In their filing Thursday, the defense attorneys said prosecutors have withheld "multiple witness statements from individuals who stated that Mr. Gray was banging and shaking the van at various points" after his arrest April 12...

That's exculpatory evidence directly related to to the case....

 

[occupied]

But if prosecutorial misconduct can be proven, it could go pretty badly for Mosby... She could actually be disbarred, and both her and the city could face a massive lawsuit......

Most of the time evidence not directly associated with the alleged crime is disallowed. It's much the same thing as past sexual conduct of the victim not being allowed in a rape trial.

Did you even bother to read the defense's assertion???

In their filing Thursday, the defense attorneys said prosecutors have withheld "multiple witness statements from individuals who stated that Mr. Gray was banging and shaking the van at various points" after his arrest April 12...

That's exculpatory evidence directly related to to the case....

So how are defense attorneys prevented from deposing and calling these witnesses? Any judge would throw out evidence brought from a previous arrest and eyewitnesses are poor evidence at best. This is a media stunt to sow doubt among potential jurors, it's legal theater. What is not in question is that a living man went into that van and a dying man came out after a bunch of shady shit. The police are legally bound to protect you, even from yourself, and are fully responsible for your welfare after you are placed in custody.

 

[Obiwan]

But if prosecutorial misconduct can be proven, it could go pretty badly for Mosby... She could actually be disbarred, and both her and the city could face a massive lawsuit......

Most of the time evidence not directly associated with the alleged crime is disallowed. It's much the same thing as past sexual conduct of the victim not being allowed in a rape trial.

Did you even bother to read the defense's assertion???

In their filing Thursday, the defense attorneys said prosecutors have withheld "multiple witness statements from individuals who stated that Mr. Gray was banging and shaking the van at various points" after his arrest April 12...

That's exculpatory evidence directly related to to the case....

So how are defense attorneys prevented from deposing and calling these witnesses? Any judge would throw out evidence brought from a previous arrest and eyewitnesses are poor evidence at best. This is a media stunt to sow doubt among potential jurors, it's legal theater. What is not in question is that a living man went into that van and a dying man came out after a bunch of shady shit. The police are legally bound to protect you, even from yourself, and are fully responsible for your welfare after you are placed in custody.

I would think you mean that they have to use reasonable precautions, since an individual can still have an opportunity to harm himself when unattended...

Besides, withholding exculpatory evidence by the prosecution is grounds for dismissal...

Really, your ignorance of the law is astounding!!!!!

 

[occupied]

But if prosecutorial misconduct can be proven, it could go pretty badly for Mosby... She could actually be disbarred, and both her and the city could face a massive lawsuit......

Most of the time evidence not directly associated with the alleged crime is disallowed. It's much the same thing as past sexual conduct of the victim not being allowed in a rape trial.

Did you even bother to read the defense's assertion???

In their filing Thursday, the defense attorneys said prosecutors have withheld "multiple witness statements from individuals who stated that Mr. Gray was banging and shaking the van at various points" after his arrest April 12...

That's exculpatory evidence directly related to to the case....

So how are defense attorneys prevented from deposing and calling these witnesses? Any judge would throw out evidence brought from a previous arrest and eyewitnesses are poor evidence at best. This is a media stunt to sow doubt among potential jurors, it's legal theater. What is not in question is that a living man went into that van and a dying man came out after a bunch of shady shit. The police are legally bound to protect you, even from yourself, and are fully responsible for your welfare after you are placed in custody.

I would think you mean that they have to use reasonable precautions, since an individual can still have an opportunity to harm himself when unattended...

Besides, withholding exculpatory evidence by the prosecution is grounds for dismissal...

Really, your ignorance of the law is astounding!!!!!

I assure you nothing of the sort will happen. At best a judge will review the disputed evidence and allow it, or not. This shit happens on every high profile case, the defense will try to make it seem like the prosecution is nefarious and malicious to their blameless clients who go to church and love their mothers in their statements to the press.

 

[Obiwan]

Exculpatory Evidence Does the prosecutor have a duty to disclose information which is favorable to the accused tending to negate this guilt or show that he is innocent Thomas H. Roberts Associates PC

With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the prosecutor should make timely disclosure to the defense of available evidence, known to him, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a prosecutor should not intentionally avoid pursuit of evidence merely because he believes it will damage the prosecution’s case or aid the accused.

The role of a prosecutor is to see that justice is done. Berger v. United States, 295 U.S. 78, 88, 55 S. Ct. 629, 79 L. Ed. 1314 (1935). “It is as much [a prosecutor's] duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.”

The suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. Brady v. Maryland, 373 U.S. 83, 87 (U.S. 1963)

 

[JakeStarkey]

That is what defense lawyers do, and you are surprised?

 

[occupied]

That is what defense lawyers do, and you are surprised?

He thinks these defense lawyers are honest people.

 

[JakeStarkey]

That is what defense lawyers do, and you are surprised?

He thinks these defense lawyers are honest people.

That is much a mistake as trusting the prosecution as well.

 

[Obiwan]

http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=220016

Prosecutor's Duty to Disclose Evidence and Information Favorable to the Defense July 8, 2009Rule 3.8(d) of the Model Rules of Professional Conduct requires a prosecutor to "make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, [to] disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor." This ethical duty is separate from disclosure obligations imposed under the Constitution, statutes, procedural rules, court rules, or court orders. Rule 3.8(d) requires a prosecutor who knows of evidence and information favorable to the defense to disclose it as soon as reasonably practicable so that the defense can make meaningful use of it in making such decisions as whether to plead guilty and how to conduct its investigation. Prosecutors are not further obligated to conduct searches or investigations for favorable evidence and information of which they are unaware. In connection with sentencing proceedings, prosecutors must disclose known evidence and information that might lead to a more lenient sentence unless the evidence or information is privileged. Supervisory personnel in a prosecutor's office must take reasonable steps under Rule 5.1 to ensure that all lawyers in the office comply with their disclosure obligation.

 

[occupied]

That is what defense lawyers do, and you are surprised?

He thinks these defense lawyers are honest people.

That is much a mistake as trusting the prosecution as well.

Of course, but the prosecution is given more of the benefit of the doubt. It is almost unheard of to get a misconduct ruling against them on anything but the most blatant malicious activity.